' MUHAMMAD NAWAZ BHATTI, J.---Brief facts leading to this writ petition are that the petitioner got admission in University College of Engineering and Technology Baha-ud-Din Zakariya University, Multan in session 1993-1994 on 16-5-1994. .He was issued Registration Card on 4-1-1996. The degree of B.Sc. Civil Engineering is a 4 years course based on carry on system. Under Regulation No.19 of B.Sc. Engineering of B.Z. University he had to clear all the papers of all the four parts of his degree within 8 years of his admission up to 16-5-2002. The petitioner passed 4th part but he failed in his first, second and third parts in First Annual 1995 Examination held in August/September, 1996, 2nd Annual 1996 Examination held in September/October, 1998 and Ist Annual 1996 Examination held on October/November, 1997 respectively. Thereafter he re-appeared to clear these' parts twelve times in Part-I-2nd Annual, 1995, Ist Annual, 1997, Ist Annual, 1999, 2nd Annual, 1999, 2nd Annual 2000, PartII-2nd Annual, 1999, Part-III-2nd Annual, 1998, 2nd Annual, 1997, 2nd Annual, 1998, 1st Annual, 1999, Ist Annual, 2000 and 2nd Annual, 2000 but every time he failed. He applied to appear in 2nd Annual, 2002 Examination of Part-I, Part-II and Part-III but he was not granted permission to sit in this examination. Aggrieved by the said act of the respondents, he filed Writ Petition No.1979 of 2003, wherein vide order dated 20-6-2003 this Court allowed the petitioner to appear in the 2nd Annual Examination, 2002 for clearing his failed papers of Part-I, Part-II and Part-III. He appeared in this examination but failed in each part. On 14-6-2004 vide another interim order the petitioner was allowed by this Court to sit in the 2nd Annual, 2003 starting w.e.f. 15-6-2004. He appeared in the said examination but his result was withheld to abide by the decision of the Syndicate in accordance with the direction of this Court. The said writ petition was disposed of on 28-6-2004 with the observation that the petitioner should approach the Syndicate of the University with an appropriate application stating and explaining the grievance and if such an application was made, the same should be considered and decided by the Syndicate. Thereafter the petitioner approached the Syndicate of the respondent-University through an application, who accepted the claim of the petitioner and ordered to declare the result of the petitioner. The petitioner succeeded to clear most of the papers but remained unsuccessful in Numerical Analysis (Paper), Strength of Material (I) Practical and Practical of Hydrology of IInd year and paper of Soil Mechanics of III year.
He submitted his examination form after paying the requisite fee to the respondent-College for appearing in the said papers but was refused on the ground that there was no chance left for appearing in the examination. Aggrieved by this act of the respondents, he has filed this writ petition praying that a direction be issued to the respondents to grant permission to appear in the forthcoming examination of IInd year paper Numerical Analysis (Paper), Strength of Material (I)
Practical, Practical of Hydrology and paper of Soil Mechanics of IIIrd year of B.Sc. Civil Engineering, which are scheduled on 10-8-2005 and 18-8-2005 respectively.
2. Learned counsel for the petitioner has contended while referring sketch of examination held by the respondent-College which is Annexure VI that chances of the petitioner in IIIrd year were missed as the examinations were held without waiting for the result of earlier examinations; that the respondents failed to interpret the law while keeping in view their lapses for overlapping of examinations, not permitting the petitioner to appear and holding the examination according to the schedule and it is settled rule of law that if any ambiguity arises in interpreting the law, the interpretation, which favours the Citizen should be adopted and that it was a case of hardship and the Chancellor of the respondent-University was fully empowered to relax the rules in favour of the petitioner and in this behalf he has relied upon Board of Intermediate and Secondary Education through Chairman and another v. Muhammad Younis 1998 SCM R 682.
3. On the other hand, learned counsel for the respondent-University has supported the comments submitted by the respondent-University and has contended that according to Regulation No.19 of B.Sc. Engineering of B.Z. University, the petitioner had to clear all the papers of all the 4 parts of his degree within 8 years of his admission i.e. Up to 16-5-2002 and there was no limit of the number of chances in which he could clear failed papers and the 8 years period ended on 16-5-2002, therefore, the petitioner was not eligible for further chance to appear in the failing subjects and that the Rules and Regulations framed by the University Authorities were required to be interpreted by the University Authorities itself and Courts should avoid to interpret the same unless a case of grave injustice was made out, otherwise it would do difficult for the University administration to run its internal affairs relating to examination, etc. And in this behalf he has relied upon Muhammad Ilyas v. Bahauddin Zakariya University, Multan and another 2005 SCM R 961.
4. I have heard learned counsel for the parties and gone through the record.
5. For the just disposal of this writ petition, it is necessary to reproduce below Regulation No.19 of B.Sc. Engineering of B.Z. University, Multan which is as under:-- "Notwithstanding anything to the contrary contained in these regulations, no candidate shall be admitted to an examination after the expiry of 8 academic years in case of Engineering and City and Regional Planning and 10 Academic Years in case of Architecture from the date of admission to the first year in the University: ' Provided that in case of a candidate who is admittedly directly to a higher class in the University the period already spent by him in studying the relevant discipline shall be excluded from the aforesaid period."
From the perusal of the said Regulation, it is clear that 8 years period in case of Engineering starts from the date of admission and there is also no limit of the number of chances in which a student could clear failed papers. In the present case, the 8 years period ended on 16-5-2002 as the petitioner got admission in University College of Engineering and Technology B.Z. University Multan in session 1993-94 on 16-5-1994 and even if the plea of the petitioner that this period should be calculated from the date of his registration and not from the date of his admission, as envisaged by the said Regulation, the outer limit ended on 4-1-2004 and, therefore, the petitioner was not eligible for further chance to appear in the failing subjects. Even otherwise Courts should avoid to interpret the Rules and Regulations framed by the University Authorities as the University Authorities are itself required to interpret the same, unless a case of injustice is made out. In the present case, no grave injustice is made out therefore, it is not necessary for this Court to interpret the law which could favour the petitioner. In support of this proposition, reliance is placed upon Muhammad Ilyas v. Bahauddin Zakariya University, Multan and another 2005 SCM R 961.
6. So far as the authority relied upon by learned counsel for the petitioner i.e. 1998 SCM R 682 (supra), is concerned, the facts of that case are distinguishable from the present case and it is, therefore, not applicable to this case.
7. For the foregoing reasons, this writ petition fails and is dismissed.